KA ERSILIAN LYNGDOH Vs. U KORDRING ROY SAD

JUDGEMENT

(1.) The decree nisi passed by the Judge, District Council Court, Khasi Hills, Shillong in Divorce Suit No.43 of 1981 dissolving the marriage of the petitioner with the respondent has come up before this Court for confirmation under S.17, Divorce Act, 1869, for short, 'the Act'.

(2.) The petition for divorce was filed by the petitioner Ka Ersilian Lyngdoh for dissolution of her marriage with the respondent on the ground of adultery coupled with desertion fore period of two years or upwards. The petitioner examined herself as P.W.1 and one more witness. She deposed that respondent 1, U. Kording Roy Sad was her husband. Their marriage was solemnised under the Christian Marriage Act at Laitongri village by Rev. F. Lyngdoh on 5th June, 1976 who gave them the marriage certificate, (Ext. 1). After the marriage the parties lived and cohabited together at Laitnongrim village and there were two issues out of the wedlock. In the month of April, 1979 the respondent committed adultery with the co-respondent Ka Aitimeris Diengdoh at Kynshi village and since then he has been living with the corespondent as husband and wife; and they have one child out of this adulterous union. After committing adultery the respondent never returned to the petitioner and hence she did not want to lake him back as her husband as he committed adultery. As a result of the adultery the respondent had also been ex-communicated from the Church by the Church elders. She categorically stated that there was no collusion or connivance between the petitioner and herself in filing the petition for divorce. Hence she prayed that her marriage he dissolved.

(3.) P. W. 2 U. Eslander Marwein, a cultivator of Laitnongrirn village, corroborates the petitioner about the marriage with the respondent, their living as husband and wife, that the respondent has been ex-communicated by the Church elders from the Church because of the adultery; and also that the respondent and the co-respondent have one child out of the adulterous union.